Kajian Hukum

Kajian Penerapan Prinsip Mengenali Pengguna Jasa Bagi Notaris Dalam Mencegah Tindak Pidana Pencucian Uang Di Wilayah Daerah Istimewa Yogyakarta

Deddhy Herianto Sihotang — 2026-05-08

The implementation of the Know Your Customer (KYC) principle constitutes a crucial instrument in the prevention and eradication of money laundering, particularly within the legal services sector involving the notarial profession. This study aims to analyze the level of understanding and the effectiveness of KYC implementation by notaries in preventing money laundering in the Special Region of Yogyakarta, with reference to Law Number 8 of 2010 and the Regulation of the Minister of Law and Human Rights Number 9 of 2017. This research employs a normative legal method, supported by statutory, conceptual, and limited empirical approaches through the examination of notarial practices. The findings indicate that the implementation of KYC by notaries has not been fully optimal, as reflected in limited understanding of their role as reporting parties and the existence of regulatory ambiguities, particularly regarding whether KYC should be applied to all clients or only to transactions exceeding a certain threshold. These conditions potentially undermine the effectiveness of anti-money laundering measures and increase the risk of notaries being inadvertently involved in illicit activities. Therefore, regulatory clarification and the enhancement of notaries’ capacity and awareness are necessary to ensure a more effective and comprehensive implementation of the KYC principle.

Perlindungan Hukum Anak Hasil Perkawinan Siri Bagi Orang Islam Setelah Terjadinya Itsbat Nikah

Erha Sena — 2026-05-08

Unregistered marriages often cause problems related to the legal status of their children, because children born in unregistered marriages are illegitimate children who only have a civil relationship with their mother, so to overcome this, Itsbat Nikah is needed so that Siri Marriage becomes a legal Marriage that has permanent legal certainty. This study aims to determine the Protection of Children's Rights from Siri Marriages for Muslims After the Itsbat Nikah occurs. The research approach used is the normative juridical approach. Data collection techniques in this study were carried out by combining library study methods and interviews with informants. The results of research in the Religious Courts throughout DIY show that this process provides legal certainty, protecting Children's Rights. Marriage Confirmation plays a crucial role in issuing or amending a child's birth certificate. The requirement for issuing a certificate is a marriage license or the parents' marriage certificate. Therefore, if a Marriage Confirmation Decision has been issued, the parties can issue their marriage certificate at the Office of Religious Affairs (KUA). This will declare the marriage valid, and the birth certificate of the child born within the marriage will be declared valid and establish a civil relationship with the father and mother).

Tanggung Jawab Hukum Perusahaan Terhadap Lingkungan Hidup Akibat Eksploitasi Galian C Ilegal Di Provinsi Sulawesi Utara

Febriana Veronika Nelwan — 2026-05-08

This study examines the legal responsibilities of companies towards the environment as a result of illegal C mining exploitation activities within the jurisdiction of the North Sulawesi Regional Police. The study focuses on civil law and business law aspects, positioning companies as legal subjects responsible for the environmental and social losses incurred. This study uses an empirical juridical method, with data obtained through interviews with relevant stakeholders. The legal analysis is based on Article 1365 of the Civil Code concerning unlawful acts, Articles 87 and 88 of Law Number 32 of 2009 concerning Environmental Protection and Management, and provisions regarding Corporate Social Responsibility (CSR) in the Job Creation Law. The results of the study indicate that many companies involved in illegal mining practices ignore legal obligations, both in terms of licensing and environmental restoration. Weak cross-sectoral oversight, the practice of negligence by local authorities, and the minimal use of civil law instruments are major obstacles in enforcing corporate responsibility. This study recommends strengthening civil lawsuits as a strategic instrument in enforcing environmental law, as well as the integration of the principles of social responsibility and business accountability in mining regulations. This effort is expected to encourage businesses to better comply with environmental regulations and actively contribute to sustainable development.

Determining Corporate Mens Rea through Strict Liability and Vicarious Liability in Corporate Crimes

Halilintar Cakra Negara — 2026-05-08

This study examines how corporate mens rea can be determined through strict liability and vicarious liability within the context of modern corporate criminal responsibility, with a particular focus on the Indonesian legal system. The research adopts a normative juridical approach, combining conceptual analysis, statutory interpretation, and examination of judicial practice, including the application of PERMA No. 13/2016 and KUHP 2023. The findings show that strict liability constructs corporate mens rea by presuming fault from harmful outcomes or regulatory violations, making it suitable for public-welfare and high-risk regulatory offenses. Meanwhile, vicarious liability attributes the mental state of corporate agents to the corporation, enabling the prosecution of intentional offenses such as corruption, fraud, and financial crime. Indonesia applies both doctrines but in a fragmented and inconsistent manner across sectoral statutes. The absence of harmonization, limited investigative capacity, unclear evidentiary standards for structural fault, and lack of compliance-based defenses undermine effective enforcement. This study concludes that strict liability and vicarious liability should function as complementary mechanisms for establishing corporate mens rea, and that Indonesia requires a more coherent, integrated framework to enhance accountability and align with global developments in corporate criminal law.

Conflict Theory On The Relationship Between Gang Violence And Haitis’s Political Crisis

Firman Anshari — 2026-05-08

This article examines the relationship between gang violence and political crisis in Haiti through the lens of conflict theory. Social, economic, and political inequalities serve as the primary factors driving the emergence and strengthening of gangs, particularly in the context of weak state institutions. Structural injustices create disparities that push marginalized groups to seek alternative sources of power through criminal activities. By analysing Haiti’s political history, this study explores how structural inequalities have exacerbated gang violence and deepened political instability. Furthermore, the role of power actors, both domestic and international, is examined in either reinforcing or mitigating this phenomenon. This study aims to provide a deeper understanding of the nexus between organized crime and chronic political instability, while also proposing policy-based solutions to curb the escalation of violence in Haiti.